JERUSALEM — Israel's parliament, the Knesset, approved a contentious law on Monday night making death by hanging the default sentence for Palestinians convicted in military courts of deadly terrorist attacks, a move championed by far-right ministers that critics condemned as discriminatory and a violation of international norms.

Israeli Prime Minister Benjamin Netanyahu has defended plans to conquer the entirety of the Gaza Strip
AFP

The "Penal Bill (Amendment — Death Penalty for Terrorists)" passed its second and third readings by a vote of 62-48 with one abstention, with Prime Minister Benjamin Netanyahu personally attending the session to cast his support. The legislation, driven by National Security Minister Itamar Ben-Gvir of the far-right Otzma Yehudit party, takes effect within 30 days and applies primarily in the occupied West Bank.

Under the new law, military courts in the West Bank will impose the death penalty as the default punishment for Palestinians convicted of intentionally causing death through acts defined as terrorism under Israeli law. Executions by hanging must occur within 90 days of a final verdict, with limited provisions for delay by the prime minister up to 180 days, but no right to clemency. The bill also amends civilian penal law to allow the death penalty or life imprisonment for killings intended to "negate the existence of the State of Israel," though legal experts say the high evidentiary threshold makes application to Jewish Israelis extremely rare or impossible.

Ben-Gvir celebrated the passage, wearing a symbolic noose-shaped pin and declaring the measure would deter future attacks by ensuring terrorists face severe consequences rather than short prison terms. "This is historical justice," he stated, arguing the law strengthens Israel's fight against terrorism amid ongoing security challenges. Netanyahu backed the bill as fulfilling coalition pledges to toughen penalties against those who murder Israelis.

Israel has maintained a de facto moratorium on capital punishment since 1962, with only two executions in its history — Adolf Eichmann for Nazi war crimes in 1962 and one earlier case. The death penalty has remained on the books for exceptional crimes like genocide and treason, but routine murder cases, including those by Jewish extremists, have resulted in life sentences. The new legislation marks a significant policy shift, particularly in military courts handling cases from the occupied territories.

Opposition lawmakers, human rights groups and international bodies swiftly denounced the law. Yair Lapid, leader of the opposition Yesh Atid party, called it a "surrender to Hamas" and a distorted public relations maneuver that undermines Israel's moral standing. Rights organizations including Amnesty International, Human Rights Watch and local groups like B'Tselem warned that the bill entrenches discrimination by creating separate legal tracks based on nationality and ethnicity.

The European Union, through its foreign policy arm, expressed deep concern, noting that Israel had long positioned itself against capital punishment in international forums. Foreign ministers from France, Germany, Italy and the United Kingdom issued a joint statement highlighting the bill's "de facto discriminatory character," particularly its application in military courts under occupation law. UN experts had earlier urged withdrawal, citing risks to the right to life and potential violations of the Fourth Geneva Convention.

Palestinian officials labeled the measure a "war crime" and a further escalation in policies affecting detainees. The Palestinian Authority and Hamas both condemned the law, with some analysts suggesting it could complicate any future prisoner exchanges or negotiations.

Legal challenges are expected almost immediately. Opposition parties and rights groups announced plans to petition Israel's Supreme Court, arguing the law violates basic principles of equality and due process. Critics pointed to vague definitions of "terrorism" that could encompass a broad range of acts, and the removal of requirements for judicial unanimity or prosecutorial requests in some cases.

Proponents countered that the law addresses a perceived leniency in sentencing for convicted attackers, many of whom have been released in past deals only to reoffend. They cited public support in Israel for harsher measures following years of violence, including stabbings, shootings and rocket attacks. Supporters argue the deterrent effect will save Israeli lives, especially in the West Bank where military courts already handle security-related cases under a different legal framework from civilian courts inside Israel proper.

The bill's path through the Knesset involved multiple amendments amid intense debate and more than 2,000 opposition revisions designed to delay proceedings. The National Security Committee approved a final version last week before the plenum vote on March 30. Changes included clarifying execution procedures and adding limited flexibility for delays, though core elements remained intact.

Implementation details remain to be finalized, including the appointment of executioners — prison officers designated by authorities — and protocols for holding condemned prisoners in isolation with restricted family visits. Certain information about executions, including identities of those involved, may be classified for security reasons.

Israel's justice ministry and some security officials had reportedly expressed reservations about the bill's practicality and potential international repercussions, though the coalition secured enough votes to override internal dissent. Legal analysts predict that even if the Supreme Court upholds the law, actual executions could face logistical, diplomatic and moral hurdles.

The timing of the vote comes amid heightened regional tensions, including the ongoing Israel-Hamas war in Gaza and violence in the West Bank. Far-right members of the government have long pushed for such measures, framing them as essential for national security and public safety. Ben-Gvir has repeatedly called for the death penalty as a response to attacks on Israelis.

Human rights advocates highlighted concerns over fair trials in military courts, where conviction rates are high and procedural safeguards differ from civilian proceedings. They warned that the mandatory nature of the sentence, combined with broad terrorism definitions, risks irreversible miscarriages of justice.

Internationally, the law drew comparisons to debates over capital punishment in other conflict zones. Abolitionist groups noted that most democratic nations have moved away from the death penalty, citing its ineffectiveness as a deterrent and the risk of state-sanctioned killing.

For families of Israeli victims of terrorism, the law represents a form of justice long sought. Organizations supporting victims welcomed the measure, arguing it acknowledges the gravity of attacks aimed at civilians.

As the law enters force, attention turns to potential test cases and the Supreme Court's response. Any execution would mark Israel's first in over six decades, drawing global scrutiny.

The passage reflects deeper divisions within Israeli society and politics over how to address security threats while maintaining democratic values. Coalition partners celebrated a legislative victory, while opponents warned of long-term damage to Israel's international standing and domestic rule of law.

With the bill now law, implementation will test the balance between security imperatives and human rights obligations in one of the world's most complex conflict zones. Monitoring groups pledged to track its application closely, particularly regarding due process and equality before the law.